Pleadings

NOTICE OF EXCEPTION

___________________________________________________________________________

Kindly take notice that defendant hereby notes an exception against plaintiff’s particulars of claim as it is vague and embarrassing for the follow reasons:

a) It is unclear whether the plaintiff is the owner of the Toyota Corolla vehicle with registration number XYZ 456 GP;

b) It is unclear whether the defendant drove the Nissan Hardbody vehicle with registration number ABC 123 GP at the time of the accident;

c) It is unclear whether the plaintiff is of opinion that the accident was caused solely by the exclusive negligence of the defendant.

Kindly further take notice that defendant afforded plaintiff an opportunity to remove the cause of complaint in accordance with a notice in terms of rule 17(5)(c) that was served on the plaintiff on ______________________.

Kindly further take notice that the exception is enrolled for hearing on __________________ at 09:00 or as soon thereafter as the legal representative for the plaintiff may be heard.
Kindly also further take notice that the defendant will request at the hearing of the exception that the exception be upheld with costs and that plaintiff’s particulars of claim be struck out.
Signed at Pretoria on this _______________day of _________________2006

_______________________________

Gaius van Wyk

Attorneys for Defendant

10 Kirkness Street

Sunnyside

Pretoria

TO: The Clerk of the Court

Pretoria
AND TO: Johannes Voet

Attorneys for Plaintiff

431 Kirkness Street

Sunnyside

Pretoria

Received copy hereof on this the

_____ day of September 2006

________________________________

Attorneys for Plaintiff

SCENARIO ONE: AMENDMENT

EXAMPLE 21
IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA

HELD AT PRETORIA

Case Nr. 1/2006

In the matter between:

JILL HILL Plaintiff
and
JIM SWIFT Defendant

______________________________________________________________________________

NOTICE OF INTENDED AMENDMENT IN TERMS OF RULE 55A

___________________________________________________________________________

Kindly take notice that plaintiff intends to amend the particulars of claim to his summons dated ___________________ as follows:

1.

By adding another paragraph, paragraph 3, after paragraph 2, reading as follows:

“The plaintiff is the owner of a Toyota Corolla vehicle with registration number XYZ 456 GP”.
2.

By adding the following words at the end of the current paragraph 3 (now paragraph 4):

“which vehicle was at all relevant times driven by defendant”.
3.

By adding the following word before the word “caused” in the current paragraph 4 (now paragraph 5):

“solely”.
Kindly further take notice that unless you deliver a notice of objection against such amendments, stating the nature and grounds of your objection, within 10 (ten) days after receipt of this notice, such amendments will be effected.
Kindly note that plaintiff herewith tenders the wasted costs occasioned by the proposed amendment, save the costs occasioned should the matter be opposed.
Signed at Pretoria on this the _________day of _________________ 2006.

_________________________________

Johannes Voet

Attorneys for Plaintiff

431 Kirkness Street

Sunnyside

Pretoria

(Ref. J Voet)

TO: The Clerk of the Court

Pretoria
AND TO: Gaius van Wyk

Attorneys for Defendant

10 Kirkness Street

Sunnyside

Pretoria

(Ref. G van Wyk)
Received copy hereof on this the

_____ day of _______________2006.

_________________________________

Defendant’s Attorneys

EXAMPLE 22

IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA

HELD AT PRETORIA

Case Nr. 1/2006

In the matter between:
JILL HILL Plaintiff
and
JIM SWIFT Defendant

______________________________________________________________________________

APPLICATION FOR AMENDMENT IN TERMS OF RULE 55A(4)

___________________________________________________________________________

Kindly take notice that applicant intends to make application on ____________________ at 09:00 or as soon thereafter as applicant’s legal representative may be heard, for an order in the following terms:

a) That the particulars of claim to Applicant’s Summons dated ___________________ be amended in accordance with the Notice of Intended Amendment dated ____________________

b) That the respondent bears the costs of this application.

Signed at Pretoria on this the _________day of _________________ 2006.

_________________________________

Johannes Voet

Attorneys for Plaintiff

431 Kirkness Street

Sunnyside

Pretoria

(Ref. J Voet)

TO: The Clerk of the Court

Pretoria
AND TO: Gaius van Wyk

Attorneys for Defendant

10 Kirkness Street

Sunnyside

Pretoria

(Ref. G van Wyk)

Received copy hereof on this the

_____ day of _______________2006.

_________________________________

Defendant’s Attorneys

SCENARIO TWO:

Failure to enter an appearance to defend; default judgment

EXAMPLE 23
IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA

HELD AT PRETORIA

Case Nr. 1/2006

In the matter between:

JILL HILL Plaintiff
and
JIM SWIFT Defendant

______________________________________________________________________________

APPLICATION FOR DEFAULT JUDGMENT

___________________________________________________________________________

Whereas the plaintiff instituted action against the defendant in terms of a summons that was served on the defendant on _______________________.

And whereas the defendant failed to enter an appearance to defend on or before ________________________ and is still in default with the delivery of such notice.
Now therefore the plaintiff prays for judgment against the defendant for:

a) Payment of R20 000;

b) Interest on the aforementioned amount at the rate of 15,5% a tempore morae;

c) Cost of suit.

Signed at Pretoria on this the _________day of _________________ 2006.

_________________________________

Johannes Voet

Attorneys for Plaintiff

431 Kirkness Street

Sunnyside

Pretoria

(Ref. J Voet)

TO: The Clerk of the Court

Pretoria
AND TO: Gaius van Wyk

Attorneys for Defendant

10 Kirkness Street

Sunnyside

Pretoria

(Ref. G van Wyk)

Received copy hereof on this the

_____ day of _______________2006.

_________________________________

Defendant’s Attorneys

EXAMPLE 24
IN THE MAGISTRATES COURT FOR THE DISTRICT OF PRETORIA

HELD AT PRETORIA

Case Nr. 1/2006

In the matter between:

JILL HILL Plaintiff
and
JIM SWIFT Defendant

______________________________________________________________________________